IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO. 7408/2019 BETWEEN 1. RIZWAN @ RIZWAN KHAN S/O. NOOR KHAN AGED 33 YEARS R/AT. NEAR GOODSHED KYATHASANDRA TUMAKURU CITY – 572 101 NOW R/AT:
CHOLAMBALLI VILLAGE HEBBUR HOBLI TUMAKURU TALUK – 572 120 2. CHANDPASHA @ MOHAMAD CHAND PASHA S/O. GAFOOR SAB AGED 44 YEARS R/AT. D.S.PALYA VILLAGE HEBBUR HOBLI TUMAKURU TALUK – 572 120 (BY SRI. NAGARAJ K.R, ADVOCATE) AND AS PER ORDER DATED 06.11.2019 THE PETITIONER NO.2 CONCERN IS DISSMISSED AS NOT PRESSED ... PETITIONER/S STATE BY KYATHASANDRA POLICE STATION REP. BY S.P.P HIGH COURT OF KARNATAKA BENGALURU – 560 001 … RESPONDENT (BY SRI. HONNAPPA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 439 CR.P.C PRAYING TO ENLARGE THE PETITIONERS ON BAIL IN CR.NO.165/2019 REGISTERED BY KYATHASANDRA POLICE STATION, TUMAKURU FOR THE OFFENCE P/U/S 20(b) OF N.D.P.S. ACT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Heard the learned counsel for the petitioner No.1 (A2) and the learned HCGP for the Respondent –State. Perused the records.
2. Learned counsel for the petitioners submitted that, the petition in respect of Petitioner No.2 (Accused No.3) has already been dismissed as not pressed by this Court vide order dated 06.11.2019 3. The brief factual matrix of the case are that, on 09.09.2019, one of the police personnel of the Respondent-Kyathasandra Police Station, Tumakuru District, by name Mr. Manjunath, was in Mafthi and he was deputed for the purpose of searching the accused persons in some criminal cases. At that time, he received a credible information that three persons are making arrangements to sell Ganja near the Truck Terminal Park at Sanjayanagara, Kyathasandra, Tumakuru. Immediately, he went to that spot and there he found three persons including these petitioners and intercepted them and he found 4 kgs. of Ganja in a bag which is in the possession of the petitioners. Thereafter, the said police constable leaving other police constable at the spot with the petitioners, went to the Police Station and requested for taking appropriate action against the petitioners. After registration of the case, the said police constable came back and made an inventory of the petitioners and found 4 kg. 182 gms. of Ganja, which was in possession of the petitioners was seized.
4. During the course of arguments, learned counsel for the petitioners has brought to the notice of the Court that, except this, no other case is pending against the petitioners. The alleged quantity of Ganja in possession of the petitioners is an intermediate quantity. Therefore, the provision of Section 37 of the NDPS Act does not come in the way of granting bail to the petitioners. It is also submitted that the petitioner No.1 was already arrested and interrogated and presently he is in judicial custody and therefore, he may not require for any further investigation or interrogation.
5. Considering the nature of allegations and the facts of the case and the quantity of the Narcotic Drugs seized from the custody of the petitioners, in my opinion, the petitioner No.1 (A2) is entitled to be enlarged on bail. Hence, the following,-
ORDER The Petition is allowed. Consequently, the petitioner No.1 (A2)-Rizwan @ Rizwan Khan shall be released on bail in connection with Crime No.165/2019 of respondent-Kyathasandra Police Station, Tumakuru District, for the offence punishable under Section 20(b) of NDPS Act, which is now pending before the Court of Principal District and Sessions Judge at Tumakuru, subject to the following conditions:
(i) The petitioner shall execute his personal bond for a sum of Rs.50,000/-
(Rupees Fifty Thousand only) with two solvent sureties for the like-sum to the satisfaction of the jurisdictional Court.
(ii) The petitioner shall not tamper the prosecution witnesses.
(iii) The petitioner shall appear before the jurisdictional Court on all future hearing dates unless exempted by the Court for any genuine cause.
(iv) The petitioner shall not leave the jurisdiction of the trial Court without prior permission, till the case registered against him is disposed of.
v) The petitioner shall mark his attendance once in a week ie., on every Sunday between 10.00 am and 5.00 p.m., till filing of the charge sheet or for a period of two months, whichever is earlier.
SD/- JUDGE KGR*